1. INTRODUCTION
1.1. These Terms and Conditions are binding on all persons that access the Website (as defined herein) without qualifications or exceptions. By entering the Website, the User agrees to be bound by and shall be deemed to have accepted these Terms and Conditions, which the User acknowledges to have read and understood. If the User does not agree to any of the Terms and Conditions, the User may not enter, view or make use of the Website.
1.2. All defined terms used in these Terms and Conditions have the meanings ascribed to them in clause 11, unless otherwise defined herein.
2. PROPRIETARY RIGHTS鈥�
2.1. The Website is owned by 大象视频 and the User acknowledges that 大象视频 or its licensors are the proprietors of all Intellectual Property.
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2.2. The content of the Website is protected by South African and international law. The owners of such content reserve all such rights therein unless provided otherwise in these Terms and Conditions.
2.3. The User undertakes:
2.3.1. 鈥媙ot to use or register any trade marks, trade names or other devices which are or incorporate marks which are the same as or confusingly similar to the Trade Marks or which marks are likely to be associated with the Trade Marks or where such use would take unfair advantage of or be detrimental to the distinctive character or the repute of the Trade Marks;
2.3.2. not at any time do or cause to be done any act or thing in any way impairing or tending to impair any part of 大象视频鈥檚 rights, title and interest in and to the Intellectual Property;
2.3.3. not in any way to make unauthorised use of the Intellectual Property or to represent that it has any rights of any nature in the Intellectual Property or any registrations thereof.
2.3.4. Without limiting the generality o鈥媐 the provisions of clause
2.3, the User undertakes not to make any unauthorised use, reproductions or copies of any work or material displayed or made available on the Website and to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.
3. 鈥�
鈥媁EBSITE USE鈥�
3.1. The User ma鈥媦 not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website鈥檚 contents without 大象视频鈥檚 prior consent. The User may only download and print 1 (one) copy of the Website鈥檚 contents for personal, non-commercial and information purposes only.
3.2. 大象视频 reserves the right to make any changes to the Website, its content and/or services offered through the Website at any times and without notice.
3.3. Content published on the Website reflects the views of the author and does not necessarily constitute the official opinion of 大象视频 unless stated otherwise.
3.4. No content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language may be posted on the Website.
3.5. The Website may contain links to other websites. 大象视频 has no control over such websites, does not review their content and will not be liable for their content or accuracy. The User accesses such websites at the User鈥檚 own risk and discretion.
3.6. The User may not link to this Website without 大象视频鈥檚 prior written consent.
4. SECURE AREA鈥�
4.1. This clause applies to Users of the Secure Area. Additional terms and conditions may apply to the Secure Area. By accessing the Secure Area, the User agrees to and will be bound by any such additional terms and conditions.
4.2. Only Users who have been registered as Users of the Secure Area and that have been provided with a user identity and password by 大象视频 may access the Secure Area. Access to the Secure Area is restricted only to those portions to which the User has a right of access and site. Any person who gains access to the Secure Area in error or who views a portion of the Secure Area which they are not entitled to view must notify 大象视频 immediately and may not make any further access of the area in respect of which they do not have access rights.
4.3. 大象视频 takes reasonable steps to ensure that the Secure Area cannot be accessed by unauthorised persons and that authorised Users have access only to those portions of the Secure Area which they are entitled to access and view. 大象视频 cannot, and does not, however, warrant that no unauthorised person will be able to gain access to the Secure Area or to a portion of the Secure Area to which they are not entitled to have access. Accordingly, 大象视频 shall not be liable for any loss, damage, claims, costs or penalties arising from unauthorised access to the Secure Area or any portion thereof or the interception, monitoring, modification or other interference with communications between the User and 大象视频.
4.4. Users must keep their user identity and password secret and not allow anyone else to use them. The User shall be responsible for all access to the Website with the User鈥檚 user identity and password. When the User鈥檚 user identity and password has been used in order to gain access to the Website, 大象视频 shall be entitled to assume that such use and all related communications emanate from the User. 大象视频 shall not be liable for any loss or damage arising from unauthorised use of the User鈥檚 user identity and password.
4.5. In the event that the User becomes aware of a breach of the confidentiality of the User鈥檚 user identity and password, the User must immediately communicate this to 大象视频 with subsequent confirmation in writing. The compromised user identity and password will be deactivated as soon as reasonably possible and a new user identity and password will be issued to the User. 大象视频 may, at its sole and absolute discretion and for any reason, require the User to change the User鈥檚 user identity and password at any time.
4.6. If the User commits any breach of these conditions or in any other way interact with or use the Website in an unlawful or unauthorised manner, 大象视频 shall be entitled to terminate the User鈥檚 access to the Website immediately, without prior notice, without any liability on 大象视频鈥檚 part and without prejudice to 大象视频鈥檚 rights in terms of these Terms and Conditions or at law.
5. PRIVACY POLICY
5.1. 大象视频 respects and is committed to protecting Users鈥� privacy and Personal Information.
5.2. Certain information about a User can be obtained automatically. Such information includes, without limitation, a User鈥檚 domain and protocol address. 大象视频 may use such information for its internal purposes, but will not disclose it to third parties.
6. DISCLAIMER OF LIABILITIES
6.1. The User makes use of this Website at the User鈥檚 own risk.
6.2. Notwithstanding anything to the contrary contained in these Terms and Conditions, 大象视频 shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature, including but not limited to indirect and consequential damages and loss of profits, however arising out of or in connection with these Terms and Conditions or the Website and whether caused by latent or patent defects in the Website, the use of the Website and information contained on the Website or otherwise.
6.3. The User hereby indemnifies 大象视频 and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of whatsoever nature suffered by any third Party in relation to any act or omission by the User or the User鈥檚 members, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms and Conditions.
6.4. The User assumes all responsibility and risk for the use of the Website and 大象视频 disclaims all liability for any loss, injury, damage, cost, penalty or claim resulting from the use of the Website, whether direct or indirect, and whether or not 大象视频 has been advised of or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim resulting from the use of the Website, whether direct or indirect, and whether or not 大象视频 has been advised or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim.
6.5. 大象视频 shall not incur any liability to the User or any other person or entity associated with the User for any compensatory, indirect, incidental, special, consequential damages whatsoever, including but not limited to, loss of revenue or profit, commercial or economic loss, even if 大象视频 has been advised of such damages or loss, or such damage or loss was reasonably foreseeable.
7. DISPUTE RESOLUTION
7.1. If a dispute between the Parties arises out of or is related to these Terms and Conditions, the matter shall be determined in accordance with the following provisions, including any matter relating to the breach of any of the provisions of these Terms and Conditions.
7.2. Save in respect of those provisions of these Terms and Conditions which provide for their own remedies which would be incompatible with arbitration, or in the event of either Party instituting urgent action against the other in any court of competent jurisdiction, any dispute arising from or in connection with these Terms and Conditions will be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation. 7.3. This clause will be severable from the rest of these Terms and Conditions so that it will operate and continue to operate notwithstanding any actual or alleged voidness, voidability, unenforceability, termination, cancellation, expiry, or accepted repudiation, of these Terms and Conditions.
7.4. Neither Party shall be entitled to withhold performance of any of their obligations in terms of these Terms and Conditions pending the settlement of, or decision in, any dispute arising between the Parties and each Party shall in such circumstances continue to comply with their obligations in terms of these Terms and Conditions.
8. GOVERNING LAW
The entire provisions of these Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Furthermore, the Parties hereto hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the Transvaal Provincial Division of the High Court of South Africa in regard to all matters arising from these Terms and Conditions.
9. GENERAL
9.1. This document contains the entire agreement between the Parties in regard to the subject matter hereof.
9.2. No Party shall be bound by or have any claim or right of action arising from any express or implied term, undertaking, representation, warranty, promise or the like not included or recorded in this document whether it induced the contract and/or whether it was negligent or not.
9.3. No variation or amendment of these Terms and Conditions and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of these Terms and Conditions shall be binding or have any force and effect unless reduced to writing.
9.4. 大象视频 reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User鈥檚 obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User鈥檚 continued use of this Website following the posting of changes or updates will be considered notice of the User鈥檚 acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
9.5. No extension of time or waiver or relaxation of any of the provisions or terms of these Terms and Conditions shall operate as an estoppel against a Party in respect of its rights under these Terms and Conditions.
9.6. No failure by any Party to enforce any provision of these Terms and Conditions shall constitute a waiver of such provision or affect in any way such Party鈥檚 right to require the performance of such provision at any time in the future, nor shall a waiver of a subsequent breach nullify the effectiveness of the provision itself.
9.7. If any term or provision of these Terms and Conditions should be invalid, unenforceable, defective or illegal for any reason whatsoever, then the remaining terms and provisions of these Terms and Conditions shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, unenforceability, defect or illegality goes to the root of these Terms and Conditions.
10. DISCLOSURE OF INFORMATION
10.1. The following information is disclosed by 大象视频 to the User:
10.1.1. Full name and legal status of 大象视频: Tshwane University of Technology, a university deemed to be established in terms of the Higher Education Act, 1997;
10.1.2. Physical address: Staatsartillerie Road, Pretoria West, South Africa;
10.1.3. Postal address: Private Bag X680, Pretoria, 0001, South Africa;
10.1.4. Telephone number: +27 12 382 5911;
10.1.5. Website address: www.tut.ac.za;
10.1.6. E-mail address:This email address is being protected from spambots. You need JavaScript enabled to view it. ;鈥�
10.1.7. Physical address where 大象视频 will receive legal service of documents: Staatsartillerie Road, Pretoria West, South Africa;
10.1.8. Main description of Website: A website providing information regarding studying and other activities at 大象视频.
11. DEFINITIONS
11.1. The headnotes to the clauses of these Terms and Conditions are for reference purposes only and shall in no way govern or affect the interpretation of nor modify nor amplify these Terms and Conditions nor any clause hereof.
11.2. Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:
11.2.1. 鈥淏usiness Day鈥� shall mean any day other than a Saturday, Sunday or a public holiday in South Africa;
11.2.2. 鈥淚ntellectual Property鈥� shall mean all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trade marks, goodwill and trade secrets;
11.2.3. 鈥淧arties鈥� shall mean 大象视频 and the User and 鈥淧arty鈥� shall, as the context requires be a reference to any one of them;
11.2.4. 鈥淧ersonal Information鈥� shall mean information which identifies a User to third parties;
11.2.5. 鈥淭erms and Conditions鈥� shall mean these terms and conditions;
11.2.6. 鈥淪ecure Area鈥� shall mean the access restricted area of the Website
11.2.7. 鈥淭rade Marks鈥� shall mean all registered and unregistered trade marks, trade names, symbols, signs, insignia, emblems, logos and slogans utilised on the Website;
11.2.8. 鈥湸笙笫悠碘�� shall mean Tshwane University of Technology;
11.2.9. 鈥淯ser鈥� shall mean the user of the Website in terms of these Terms and Conditions;
11.2.10. 鈥淲ebsite鈥� shall mean any Internet accessible site, including content, hosted under the tut.ac.za domain;
11.2.11. shall mean the website located at tut.ac.za domain, including any 大象视频 website linked thereto, and includes any part or element of such website or linked 大象视频 websites.
11.3. Unless inconsistent with the context or save where the contrary is expressly indicated:
11.3.1. if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it appears only in this clause 11, effect shall be given to it as if it were a substantive provision of these Terms and Conditions;
11.3.2. any reference in these Terms and Conditions to an enactment is to that enactment as at the Effective Date and as amended or re-enacted from time to time;
11.3.3. any reference in these Terms and Conditions to these Terms and Conditions or any other terms and conditions or document shall be construed as a reference to these Terms and Conditions or, as the case may be, such other Terms and Conditions or document as same may have been, or may from time to time be, amended, varied novated or supplemented;
11.3.4. no provision of these Terms and Conditions constitutes a stipulation for the benefit of any person who is not a Party to these Terms and Conditions;
11.3.5. Unless inconsistent with the context, an expression which denotes:
11.3.5.1. any one gender includes the other genders;
11.3.5.2. the singular includes the plural and vice versa.
11.3.6. Where any term is defined within the context of any particular clause in these Terms and Conditions, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the same meaning as ascribed to it for all purposes in terms of these Terms and Conditions, notwithstanding that that term has not been defined in this clause 11.
11.3.7. The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
11.3.8. These Terms and Conditions shall be binding on and enforceable by the estates, heirs, executors, administrators, trustees, permitted assigns or liquidators of the Parties as fully and effectually as if they had signed these Terms and Conditions in the first instance and reference to any Party shall be deemed to include such Party鈥檚 estate, heirs, executors, administrators, trustees, permitted assigns or liquidators, as the case may be.
11.3.9. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
4.1. This clause applies to Users of the Secure Area. Additional terms and conditions may apply to the Secure Area. By accessing the Secure Area, the User agrees to and will be bound by any such additional terms and conditions.
4.2. Only Users who have been registered as Users of the Secure Area and that have been provided with a user identity and password by 大象视频 may access the Secure Area. Access to the Secure Area is restricted only to those portions to which the User has a right of access and site. Any person who gains access to the Secure Area in error or who views a portion of the Secure Area which they are not entitled to view must notify 大象视频 immediately and may not make any further access of the area in respect of which they do not have access rights.
4.3. 大象视频 takes reasonable steps to ensure that the Secure Area cannot be accessed by unauthorised persons and that authorised Users have access only to those portions of the Secure Area which they are entitled to access and view. 大象视频 cannot, and does not, however, warrant that no unauthorised person will be able to gain access to the Secure Area or to a portion of the Secure Area to which they are not entitled to have access. Accordingly, 大象视频 shall not be liable for any loss, damage, claims, costs or penalties arising from unauthorised access to the Secure Area or any portion thereof or the interception, monitoring, modification or other interference with communications between the User and 大象视频.
4.4. Users must keep their user identity and password secret and not allow anyone else to use them. The User shall be responsible for all access to the Website with the User鈥檚 user identity and password. When the User鈥檚 user identity and password has been used in order to gain access to the Website, 大象视频 shall be entitled to assume that such use and all related communications emanate from the User. 大象视频 shall not be liable for any loss or damage arising from unauthorised use of the User鈥檚 user identity and password.
4.5. In the event that the User becomes aware of a breach of the confidentiality of the User鈥檚 user identity and password, the User must immediately communicate this to 大象视频 with subsequent confirmation in writing. The compromised user identity and password will be deactivated as soon as reasonably possible and a new user identity and password will be issued to the User. 大象视频 may, at its sole and absolute discretion and for any reason, require the User to change the User鈥檚 user identity and password at any time.
4.6. If the User commits any breach of these conditions or in any other way interact with or use the Website in an unlawful or unauthorised manner, 大象视频 shall be entitled to terminate the User鈥檚 access to the Website immediately, without prior notice, without any liability on 大象视频鈥檚 part and without prejudice to 大象视频鈥檚 rights in terms of these Terms and Conditions or at law.
5. PRIVACY POLICY
5.1. 大象视频 respects and is committed to protecting Users鈥� privacy and Personal Information.
5.2. Certain information about a User can be obtained automatically. Such information includes, without limitation, a User鈥檚 domain and protocol address. 大象视频 may use such information for its internal purposes, but will not disclose it to third parties.
6. DISCLAIMER OF LIABILITIES
6.1. The User makes use of this Website at the User鈥檚 own risk.
6.2. Notwithstanding anything to the contrary contained in these Terms and Conditions, 大象视频 shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature, including but not limited to indirect and consequential damages and loss of profits, however arising out of or in connection with these Terms and Conditions or the Website and whether caused by latent or patent defects in the Website, the use of the Website and information contained on the Website or otherwise.
6.3. The User hereby indemnifies 大象视频 and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of whatsoever nature suffered by any third Party in relation to any act or omission by the User or the User鈥檚 members, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms and Conditions.
6.4. The User assumes all responsibility and risk for the use of the Website and 大象视频 disclaims all liability for any loss, injury, damage, cost, penalty or claim resulting from the use of the Website, whether direct or indirect, and whether or not 大象视频 has been advised of or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim resulting from the use of the Website, whether direct or indirect, and whether or not 大象视频 has been advised or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim.
6.5. 大象视频 shall not incur any liability to the User or any other person or entity associated with the User for any compensatory, indirect, incidental, special, consequential damages whatsoever, including but not limited to, loss of revenue or profit, commercial or economic loss, even if 大象视频 has been advised of such damages or loss, or such damage or loss was reasonably foreseeable.
7. DISPUTE RESOLUTION
7.1. If a dispute between the Parties arises out of or is related to these Terms and Conditions, the matter shall be determined in accordance with the following provisions, including any matter relating to the breach of any of the provisions of these Terms and Conditions.
7.2. Save in respect of those provisions of these Terms and Conditions which provide for their own remedies which would be incompatible with arbitration, or in the event of either Party instituting urgent action against the other in any court of competent jurisdiction, any dispute arising from or in connection with these Terms and Conditions will be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation. 7.3. This clause will be severable from the rest of these Terms and Conditions so that it will operate and continue to operate notwithstanding any actual or alleged voidness, voidability, unenforceability, termination, cancellation, expiry, or accepted repudiation, of these Terms and Conditions.
7.4. Neither Party shall be entitled to withhold performance of any of their obligations in terms of these Terms and Conditions pending the settlement of, or decision in, any dispute arising between the Parties and each Party shall in such circumstances continue to comply with their obligations in terms of these Terms and Conditions.
8. GOVERNING LAW
The entire provisions of these Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Furthermore, the Parties hereto hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the Transvaal Provincial Division of the High Court of South Africa in regard to all matters arising from these Terms and Conditions.
9. GENERAL
9.1. This document contains the entire agreement between the Parties in regard to the subject matter hereof.
9.2. No Party shall be bound by or have any claim or right of action arising from any express or implied term, undertaking, representation, warranty, promise or the like not included or recorded in this document whether it induced the contract and/or whether it was negligent or not.
9.3. No variation or amendment of these Terms and Conditions and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of these Terms and Conditions shall be binding or have any force and effect unless reduced to writing.
9.4. 大象视频 reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User鈥檚 obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User鈥檚 continued use of this Website following the posting of changes or updates will be considered notice of the User鈥檚 acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
9.5. No extension of time or waiver or relaxation of any of the provisions or terms of these Terms and Conditions shall operate as an estoppel against a Party in respect of its rights under these Terms and Conditions.
9.6. No failure by any Party to enforce any provision of these Terms and Conditions shall constitute a waiver of such provision or affect in any way such Party鈥檚 right to require the performance of such provision at any time in the future, nor shall a waiver of a subsequent breach nullify the effectiveness of the provision itself.
9.7. If any term or provision of these Terms and Conditions should be invalid, unenforceable, defective or illegal for any reason whatsoever, then the remaining terms and provisions of these Terms and Conditions shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, unenforceability, defect or illegality goes to the root of these Terms and Conditions.
10. DISCLOSURE OF INFORMATION
10.1. The following information is disclosed by 大象视频 to the User:
10.1.1. Full name and legal status of 大象视频: Tshwane University of Technology, a university deemed to be established in terms of the Higher Education Act, 1997;
10.1.2. Physical address: Staatsartillerie Road, Pretoria West, South Africa;
10.1.3. Postal address: Private Bag X680, Pretoria, 0001, South Africa;
10.1.4. Telephone number: +27 12 382 5911;
10.1.5. Website address: www.tut.ac.za;
10.1.6. E-mail address:
10.1.7. Physical address where 大象视频 will receive legal service of documents: Staatsartillerie Road, Pretoria West, South Africa;
10.1.8. Main description of Website: A website providing information regarding studying and other activities at 大象视频.
11. DEFINITIONS
11.1. The headnotes to the clauses of these Terms and Conditions are for reference purposes only and shall in no way govern or affect the interpretation of nor modify nor amplify these Terms and Conditions nor any clause hereof.
11.2. Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:
11.2.1. 鈥淏usiness Day鈥� shall mean any day other than a Saturday, Sunday or a public holiday in South Africa;
11.2.2. 鈥淚ntellectual Property鈥� shall mean all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trade marks, goodwill and trade secrets;
11.2.3. 鈥淧arties鈥� shall mean 大象视频 and the User and 鈥淧arty鈥� shall, as the context requires be a reference to any one of them;
11.2.4. 鈥淧ersonal Information鈥� shall mean information which identifies a User to third parties;
11.2.5. 鈥淭erms and Conditions鈥� shall mean these terms and conditions;
11.2.6. 鈥淪ecure Area鈥� shall mean the access restricted area of the Website
11.2.7. 鈥淭rade Marks鈥� shall mean all registered and unregistered trade marks, trade names, symbols, signs, insignia, emblems, logos and slogans utilised on the Website;
11.2.8. 鈥湸笙笫悠碘�� shall mean Tshwane University of Technology;
11.2.9. 鈥淯ser鈥� shall mean the user of the Website in terms of these Terms and Conditions;
11.2.10. 鈥淲ebsite鈥� shall mean any Internet accessible site, including content, hosted under the tut.ac.za domain;
11.2.11. shall mean the website located at tut.ac.za domain, including any 大象视频 website linked thereto, and includes any part or element of such website or linked 大象视频 websites.
11.3. Unless inconsistent with the context or save where the contrary is expressly indicated:
11.3.1. if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it appears only in this clause 11, effect shall be given to it as if it were a substantive provision of these Terms and Conditions;
11.3.2. any reference in these Terms and Conditions to an enactment is to that enactment as at the Effective Date and as amended or re-enacted from time to time;
11.3.3. any reference in these Terms and Conditions to these Terms and Conditions or any other terms and conditions or document shall be construed as a reference to these Terms and Conditions or, as the case may be, such other Terms and Conditions or document as same may have been, or may from time to time be, amended, varied novated or supplemented;
11.3.4. no provision of these Terms and Conditions constitutes a stipulation for the benefit of any person who is not a Party to these Terms and Conditions;
11.3.5. Unless inconsistent with the context, an expression which denotes:
11.3.5.1. any one gender includes the other genders;
11.3.5.2. the singular includes the plural and vice versa.
11.3.6. Where any term is defined within the context of any particular clause in these Terms and Conditions, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the same meaning as ascribed to it for all purposes in terms of these Terms and Conditions, notwithstanding that that term has not been defined in this clause 11.
11.3.7. The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
11.3.8. These Terms and Conditions shall be binding on and enforceable by the estates, heirs, executors, administrators, trustees, permitted assigns or liquidators of the Parties as fully and effectually as if they had signed these Terms and Conditions in the first instance and reference to any Party shall be deemed to include such Party鈥檚 estate, heirs, executors, administrators, trustees, permitted assigns or liquidators, as the case may be.
11.3.9. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.